Terms of sale
GENERAL TERMS AND CONDITIONS OF SALE
Update June, 2022
The present terms and conditions (the “Terms and Conditions”) govern the sale of the products presented on the website www.cyrillus.com (the “Website”) by CYRILLUS, French joint-stock company, the head office of which is at 11 rue Dieu, 75010 Paris – France, VAT Number FR90 421022997 (hereinafter referred to as “CYRILLUS”).
You can contact us:
· By email: Click here
The company CYRILLUS operates under the brand name and the sign "CYRILLUS" an activity of sales of items mainly for the family (man, woman, child, babies) and articles of linen and decoration.
1. The offer
2. The prices
3. The order
6. Satisfaction or refund” service – Withdrawal right
8. Personal data
9. Intellectual Property
12. Dispute settlement
These Terms and Conditions are made between CYRILLUS and any non-trading natural person at least eighteen (18) years of age wishing to purchase via the Website (the “Customer”).
These Terms and Conditions govern the sale of all products presented on the Website (hereinafter “Products”). CYRILLUS reserves the right to modify them at any time. Only the Terms and Conditions online on the day of the order are enforceable between the parties.
CYRILLUS strives to comply with the possible Codes of conduct in the user’s country of residence. Accordingly, if any term of sale is found to be lacking, it will be considered as governed by the common practices in effect in the distance selling sector.
1. THE OFFER
Our Product offers are valid within the limits of the available stocks, around the world.
For deliveries in metropolitan France (excluding the French Overseas Departments), Germany, Belgium and Switzerland, we ask that you please visit the corresponding sites:
Any order implies acceptance of the prices and descriptions of the Products available for sale.
The Products available for sale
are described and presented as accurately as possible. Should minor errors
nevertheless occur despite our precautions, we can under no circumstances be
held liable. Any dispute in this regard will occur within the framework of a
possible exchange and of the aforesaid guarantees (CYRILLUS will then be
responsible for the return shipping expenses).
Moreover, depending on our suppliers, we may be required to deliver an article to you that has a slightly different composition than as originally described, but only if it is of equal or better quality than the ordered product. If you do not wish to keep the delivered article, you will of course be entitled to the legal guarantee of conformity.
2. THE PRICES
The prices of the Products are indicated in Euros, and do not include shipping costs (postage, parcel packaging and handling based on the relevant amounts). The amount of the shipping costs will be indicated in the purchase order before the order is validated.
For shipments within the European
The price shown is inclusive of all taxes. These prices include French Tax on Value Added, or where applicable, the country of destination at the rate in effect at the day of order.
For shipments outside the EU:
The price will be displayed without VAT.
Then the Customer will eventually pay in addition, possible customs duties and / or taxes upon delivery of the Products. CYRILLUS is not able to determine in advance the amount of such taxes, the rate base and criteria differ between countries. The Customer is invited before ordering to contact his national Customs Office for more information.
Should one or more French taxes or contributions, notably environmental, be created or modified, whether upward or downward, this change can be reflected in the sale prices of the Products offered on the Website and in the various sales support media.
The prices of the Products shown on the Website are valid for as long as they remain online.
3. THE ORDER
3.1 LOG IN
The Customer can follow a procedure to create an account as indicated on the website.
3.2 ORDER AND CONFIRMATION
Once, the Customers have selected
all the Products they wish to order, they must choose the address and mode of
delivery, and finally validate the method of payment. This last step will
formalize the contract of sale between the Customer and CYRILLUS.
Validating the order implies express acceptance of the Terms and Conditions.
Cyrillus acknowledge receipt of
the order by sending an email within 48 hours (except orders placed on Fridays,
Saturdays, Sundays and bank holidays).
Nevertheless, in certain cases, notably including a payment default, incorrect address or other problem with your account, CYRILLUS reserves the right to block your order until the problem is resolved.
The Customers also have the ability to print a summary of order directly on the Website.
Should an ordered Product be unavailable, the Customer will be so informed by e-mail. The order for this Product will then be cancelled and any payment will be refunded, though the rest of the order will remain firm and final.
For any question regarding the tracking of the order, the Customer can call 00 33 9 69 32 35 04, Monday to Friday from 9 AM to 6 PM (French time).
The Customer have to keep his invoice, as he will need it in case of an exchange or refund.
Payment for an online order is made at the time of the order, using one of the following procedures :
By credit card:
indicate your card number (Visa, Eurocard, Mastercard, and American Express), the expiry date and the security code (the last 3 numbers shown on the back of your card).
The Customer shall bear any costs related to the use of a foreign credit card on the Website: CYRILLUS advises the Client to contact their bank to find out about any applicable fees and/or exchange commissions.
The account will be debited as-and- measuring sending the Products. Then the flow amount of the order may be made in installments according to the different delivery dates of his Products.
To ensure payment security, CYRILLUS uses the secure payment services of a service provider : ADYEN. This service uses the SSL3.0 security standard. (Confidential data are encrypted on the ADYEN server and are at no time transmitted over CYRILLUS IT server). As such, ADYEN ensures the highest level of security of the data related to the payment methods of our customers. In real-time, your payment request is sent to the ADYEN secure online payment manager, which carries out various verifications in order to prevent abuse and fraud. At the time of placing your order, you must indicate your credit card number, the expiry date and the security code. The contact details for the credit card will then be saved in encrypted format until the actual and total payment for the order, by means of our payment service provider ADYEN, and until the end of the timeframe for your right to return the Product, in order to be able to reimburse you by crediting your account. Credit card data provided at the time of placing your orders are only used by ADYEN for the purposes of carrying out the transaction. Also, should you opt for deferred payment, your bank details will similarly be retained by our service provider until the anticipated payment date.
You can choose to save / record the information relative to your credit card, thereby avoiding the need to re-enter the data with each order. Your credit card number appears in its entirety when first entered by you, but only the last 5 digits will be visible in your account for Visa, Eurocard and Mastercard cards, with the others being concealed for security reasons.
In compliance with the French law of 13 March 2000 on electronic signatures, the online transmission of your card number and the final validation of your order serve as proof of the entire order and of the enforceability of the sums owed for the settlement of this order.
In case of fraudulent use of your credit card, you are invited to contact immediately after the finding of such use, the Customer Service: +33 (0)3 20 99 33 33 Monday to Friday, 9 AM to 6 PM (except on bank holiday, December 25, January 1st and May1st), French time.
The Customer will be automatically transferred to PayPal. Create a new account or enter his login and password to connect to his account. Once the PayPal payment has been confirmed, he can finish placing his order on cyrillus.com.
Standard Delivery is Free for all orders above $165.00, otherwise the shipping cost is $11.00
Luxembourg, the Netherlands, Italy, Great Britain, Spain, Rest
Standard delivery : FREE for orders over $165.00 otherwise $11.00, in 3 to 5 days
Express delivery : $15.00, in 2 to 3 days
USA, Canada, South East Asia, Rest of the world*
Standard delivery : FREE for orders over $165.00 otherwise $11.00, in 4 to 7 days
Express delivery : $15.00, in 2 to 3 days
French overseas departments
Standard delivery : FREE for orders over $165.00 otherwise $11.00, in 12 to 15 days
Express delivery : Not Available
Only orders with invoicing and delivery addresses anywhere in the world other than in France, Germany, Belgium and Switzerland are accepted on the site www.cyrillus.com. For these countries, please visit the corresponding websites:
CYRILLUS uses the services of the UPS company for the delivery of your orders. The usual delivery times are indicated in business days in the following table, for any order placed before 6 PM (French time), subject to availability of the products and provided that you have submitted correct data. In any event, these timeframes will not be longer than 30 days.
The Customer can track his parcel’s delivery. To do so, the Customer have only to click on the link provided for this purpose in the shipping confirmation e-mail sent by the UPS company.
The parcel will be delivered to the delivery address indicated by the Customer. The UPS agents will make three attempts to deliver the order. After three unsuccessful attempts, the UPS agents will try to contact the Customer by telephone or e-mail. Should he not respond within 48 hours, the order will be automatically returned to CYRILLUS.
* For the detailed list of countries: click here
6. REFUND SERVICE
The Customer can request a refund
(except those excluded by law, such as products which have been the subject of
personalization on your request) within the time period mentioned below.
Products must not have been worn, washed or damaged and must be returned intact in their original packaging with their accessories, manuals and other documentation.
The Customer have 15 days from
receipt of the final package of his order to notify his wish to withdraw your
order either by mail or email .
The Customer have an additional 15 days from notification date (30 days from receipt of the final package of his order) to return the item.
Even if The Customer have not notified us of his intention to withdraw, CYRILLUS still accepts the return of his product, when it is returned to us within 30 days after delivery of the last package of your order.
To return the product,
simply fill in the returns section at the back of the delivery note and return
the unused item in its original packaging to the following address:
CYRILLUS VEPEX 5000
59586 LILLE CEDEX 9
If the Customer resides within the European Union, they will return their order by their own means and at their expense (in the absence of more favourable national provisions), while selecting the carrier of their choice (local postal services, UPS, DHL ...). Nevertheless, if the Customer refuse the parcel at the time of its delivery (for example, if the parcel is damaged), it will be returned to CYRILLUS by UPS. In this case, the cost of returning the goods will not be charged to the Customer and the price of the order will be refunded.
If the Customer lives outside of the European Union, the Customer must pay the customs duties when receiving his parcel, as the merchandise is sent DDU (Delivery Duty Unpaid). Should the Customer wish to return his order, the Customer must visit the offices of the carrier of his choice (for example the local postal services) in order to fill out an export declaration. the Customer will then be asked to indicate the country of origin of the merchandise (manufacturing country indicated on the item’s “made in” label), the original amount and the selected INCOTERM. The latter will be DDU: Delivery Duty Unpaid. the Customer will then have to pay the return shipment cost, but will not have to pay the export duties.
CYRILLUS will then reimburse The Customer, subject to the conditions mentioned above, the amounts as soon as possible and at the latest within 14 days after receipt of proof (stamped and dated by the carrier) of sending the parcel to our attention or receipt of the parcel by us (the first of these dates will prevail).
The refund will be made according
to the type of payment for the order being returned.
In other words, if the products were paid for:
· - By bank card, and the bank card is still valid, the refund for his returns will be paid straight into the bank account associated with your card.
· - By PayPal, and your PayPal account is still active, the refund for his returns will be paid into this PayPal account.
For all your purchases, you get the legal guarantee of conformity (Articles L217-4 and following of the French Consumer Code) and the warranty against hidden defects (Article 1641 of the French Civil Code), enabling customers to return the defective or non-conforming delivered Products.
Legal guarantee of conformity : To benefit from the legal guarantee of conformity, you :
· must act within two (2) years of the delivery of the product ;
· must choose between reparation and replacement of the product, subject to charges as per Article L. 217-9 of the French Consumer Code ;
· shall be exonerated, within six months of delivery, to prove the lack of conformity of the Product during the 24 months after the delivery of the Product.
The legal guarantee of conformity shall apply independently of any commercial guarantee.
Warranty against hidden defects: You may decide to initiate the warranty against the hidden defects stipulated in the Article 1641 of the French Civil Code. In this case, you can choose between the cancellation of the sale or a reduction of the selling price, in accordance with the Article 1644 of the French Civil Code.
Legal guarantee of conformity:
Article L217-4 of the French
The seller is required to deliver a product which conforms to the contract and is held liable for any lack of conformity which exists upon delivery. He is also held liable for any lack of conformity caused by the packaging or the assembly instructions, or the installation if he assumed responsibility therefor or had it carried out under his responsibility.
Article L217-5 of the French
To conform to the contract, the product must:
· 1° Be suitable for the purpose usually associated with such a product and, if applicable:
· correspond to the description given by the seller and have the features that the seller presented to the buyer in the form of a sample or model;
· have the features that a buyer might reasonably expect it to have considering the public statements made by the seller, the producer or his representative, including advertising and labelling;
· 2° Or have the features defined by mutual agreement between the parties or be suitable for any special requirement of the buyer which was made known to the seller and which the latter agreed to.
Article L211-12 of the French
Action resulting from lack of conformity lapses two years after delivery of the product.
Warranty against hidden defects :
Article 1641 of the French Civil
The seller is bound to a warranty against hidden defects in the thing sold that render it unfit for its intended use, or that so impair its use that the buyer would not have bought it, or would only have given a lesser price for it if he had known of the defects.
Article 1648 – 1st paragraph of
the French Civil Code:
An action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the vice.
It should be noted also that you also benefit of the more favourable provisions of the Consumer Code in force in your country of residence.
8. PERSONAL DATA
Collection, processing and archiving of personal information:In order to honour its commitment, CYRILLUS is required to collect certain information regarding you: surname, first name, e-mail address as well as mailing address, products ordered,…
The e-mail address is required in order to send an order confirmation.It is the responsibility of CYRILLUS to ensure that the personal data in its possession are correct and up-to-date, and it is for this reason that you have the right to access, modify and delete the information relating to them.
When ordering, the personal data
will be subject to computerized processing.
The User is asked to refer to the website’s “Protection of Privacy & Cookies” tab for further information regarding this point.
9. INTELLECTUAL PROPERTY
All elements of the website, whether visual or sound, including the underlying technology, are protected
by copyright, trademarks or patents.
As such, no documents coming from website can be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way.
However, one copy of the documents can be downloaded to a computer for your personal usage and only for non-commercial purposes, provided that you do not modify the information contained therein, and maintains the intact nature of all copyrights or other ownership indications. Any modification of these documents or their usage for another purpose constitutes a violation of the intellectual property rights of CYRILLUS.
Any user who has a personal website and who wishes to place, for personal use, on their website a simple link referring directly to the home page of this website, must request prior authorisation from CYRILLUS. This does not constitute an implicit affiliation agreement.
On the other hand, any hypertext link to the website using the framing or in-line linking technique is strictly prohibited. In any event, any link must be removed at the request of CYRILLUS.
In the event that any provision of the Terms and Conditions is null and void by a change in legislation, regulation or court decision, it does not in any way affect the validity and enforceability of these Terms and Conditions.
CYRILLUS cannot be held liable for inconveniences and damages relative to any usage of the Internet network, notably including a service interruption, the presence of computerized viruses, external intrusions or, more generally, all cases recognised as force majeure by the French courts.
The Website complies with French laws and, in any event, CYRILLUS provides no guarantee of conformity with the local legislation that may be applicable to you, in the event that you access the website from another country.
12. DISPUTE SETTLEMENT
For any complaints regarding your order, thank you to contact us:
- By email: Click here
- By mail to cyrillus – Customer Service – 34 A rue Ladrié – 59650 Villeneuve d’Ascq France.
Under the provisions of the French Consumer Code regarding the amicable settlement of disputes, CYRILLUS adheres to the Office of the Ombudsman ecommerce FEVAD (Federation du e-commerce et de la vente à distance) whose coordinates are: 60 rue de la Boétie - 75008 Paris - France - http://www.mediateurfevad.fr. After prior written approach of consumers vis-à-vis CYRILLUS, the Ombudsman Service can be entered for any dispute of consumption which settlement would have failed. For the Ombudsman referral procedures, click here.
You can also submit your claim on resolving disputes platform posted online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/. The European Commission will transfer your claim to the competent national ombudsmen
12.2 GOVERNING LAW AND JURISDICTION
Failing an amicable solution, any legal action will be brought before the competent courts of the place of domicile of the defendant.
Contracts concluded through our Website, and governed by these Terms and Conditions, and any dispute related to these will be subject to French law, unless national provisions more favorable to the consumer.
CYRILLUS is a member of the FEVAD
(“Fédération du e-commerce et de la vente à distance”) and adheres to the FEVAD
Code of Conduct, and is thereby a member of the EMOTA (European E-commerce and
Mail Order Trade Association). It undertakes to comply with the best practices
normally used in the distance selling sector.
The Website complies with French law.